44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO CONSTRUCTION INDUSTRIES; ABOLISHING THE CONSTRUCTION INDUSTRIES COMMISSION AND THE CONSTRUCTION INDUSTRIES DIVISION; PROVIDING THAT CONSTRUCTION, CONTRACTING AND CONTRACTORS SHALL BE REGULATED BY LOCAL GOVERNMENTS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 3-18-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-17-1, as amended) is amended to read:
"3-18-1. GENERAL POWERS--BODY POLITIC AND CORPORATE POWERS.--A municipality is a body politic and corporate under the name and form of government selected by its qualified electors. A municipality may:
A. sue or be sued;
B. enter into contracts or leases;
C. acquire and hold property, both real and personal;
D. have a common seal [which] that may be altered
at pleasure;
E. exercise such other privileges that are incident to corporations of like character or degree that are not inconsistent with the laws of New Mexico;
F. protect generally the property of its municipality and its inhabitants;
G. preserve peace and order within the
municipality; [and]
H. establish rates for services provided by
municipal utilities and revenue producing projects, including
amounts [which] that the governing body determines to be
reasonable and consistent with amounts received by private
enterprise in the operation of similar facilities; and
I. regulate, pursuant to the Construction Industries Licensing Act, all aspects of construction, contracting and contractors, including examining and licensing of contractors, establishing codes and standards that govern contracting and construction and inspecting construction."
Section 2. A new Section 4-37-1.1 NMSA 1978 is enacted to read:
"4-37-1.1. [NEW MATERIAL] REGULATION OF CONSTRUCTION INDUSTRIES.--A county may enact ordinances that regulate, pursuant to the Construction Industries Licensing Act, all aspects of construction, contracting and contractors, including examining and licensing of contractors, establishing codes and standards that govern contracting and construction and inspecting construction."
Section 3. Section 9-16-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 20, as amended) is amended to read:
"9-16-4. DEPARTMENT ESTABLISHED.--There is created in
the executive branch the "regulation and licensing
department". The department shall not be a cabinet
department. The department shall consist of but not be
limited to [five] four divisions as follows:
A. the administrative services division;
[B. the construction industries division;
C.] B. the financial institutions division;
[D.] C. the securities division; and
[E.] D. the manufactured housing division."
Section 4. Section 9-16-8 NMSA 1978 (being Laws 1983, Chapter 297, Section 24, as amended) is amended to read:
"9-16-8. BUREAUS--CHIEFS.--The superintendent shall
establish within each division such "bureaus" as he deems
necessary to carry out the provisions of the Regulation and
Licensing Department Act. He shall appoint a "chief" to be
the administrative head of any such bureau. The positions so
appointed may be exempted from the Personnel Act by action of
the superintendent [except for the construction industries
division trade bureaus created pursuant to Section 60-13-31
NMSA 1978. The chiefs of those bureaus shall be covered
positions under the Personnel Act]."
Section 5. Section 9-16-14 NMSA 1978 (being Laws 1987, Chapter 298, Section 1, as amended) is amended to read:
"9-16-14. REGULATION AND LICENSING DEPARTMENT OPERATING FUND.--
A. There is established in the state treasury the "regulation and licensing department operating fund" to be administered by the department.
B. All money received by the administrative
services division, [the construction industries division] the
financial institutions division, the securities division and
the manufactured housing division, other than money earmarked
for revolving funds, shall be deposited with the state
treasurer and held in a separate suspense account for each
division. [In the seventy-sixth fiscal year, all money
deposited in the suspense accounts shall be transferred
monthly to the general fund until the sum of all money
transferred to the general fund equals the total amount
deposited and transferred to the general fund from those
divisions in the seventy-fourth fiscal year. All additional
money deposited in the divisions' suspense accounts during the
seventy-sixth fiscal year shall be transferred to the
regulation and licensing department operating fund on June 30,
1988.]
C. [In the seventy-seventh fiscal year and each
fiscal year thereafter] On the last day of each month, the
department shall transfer all money received during the month
from the divisions' suspense accounts to the general fund."
Section 6. [NEW MATERIAL] STATUTORY REFERENCES.-
A. Unless the context requires otherwise, all references in the NMSA 1978 to the construction industries commission, the construction industries division of the regulation and licensing department, the director of the construction industries division or any trade bureau within the construction industries division mean the municipal or county agency authorized by the governing body to regulate construction and contractors within that county or municipality.
B. If the context requires, references in the NMSA 1978 to the construction industries division of the regulation and licensing department or the director of the construction industries division may mean the superintendent of regulation and licensing.
Section 7. TEMPORARY PROVISION--CONTINUATION OF LICENSES AND CONSTRUCTION CODES.--
A. Any person who, on the effective date of this act, is engaged in any occupation, trade or activity regulated by the Construction Industries Licensing Act, pursuant to a valid license authorizing the occupation, trade or activity, may continue the occupation, trade or activity, and the license shall continue in effect until the expiration date thereof, subject in all cases to suspension or revocation as provided by the Construction Industries Licensing Act.
B. Any code and minimum standard related to the construction, alteration, installation or repair of a private or public building, or installation on public or private premises, in effect on the effective date of this act shall continue in effect until a municipal or county agency with such authority amends or revises those codes and minimum standards pursuant to provisions of the Construction Industries Licensing Act.
Section 8. TEMPORARY PROVISION--TRANSFER--DISTRIBUTION.--On the effective date of this act:
A. all appropriations, money, records, property, equipment and supplies of the construction industries commission and the construction industries division of the regulation and licensing department are transferred to the local government division of the department of finance and administration;
B. all contracts, grants and agreements of the
regulation and licensing department relating to the construction industries division are transferred to the local government division of the department of finance and administration; and
C. the local government division of the department of finance and administration shall allocate all property transferred pursuant to Subsections A and B of this section to municipalities and counties for the purpose of regulating construction activities and contractors pursuant to the Construction Industries Licensing Act.
Section 9. REPEAL.--Sections 9-16-12, 60-13-6 through 60-13-11, 60-13-15, 60-13-31 and 60-13-58 NMSA 1978 (being Laws 1983, Chapter 297, Section 28, Laws 1977, Chapter 245, Sections 168 and 169, Laws 1967, Chapter 199, Section 12, Laws 1997, Chapter 181, Section 9, Laws 1978, Chapter 73, Section 1, Laws 1975, Chapter 14, Section 3, Laws 1981, Chapter 245, Section 1, Laws 1967, Chapter 199, Section 14, Laws 1977, Chapter 245, Section 177, Laws 1967, Chapter 199, Section 34 and Laws 1978, Chapter 194, Section 1, as amended) are repealed.
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.